Applicant Name:  ?????

Application Receipt Date: 2009/07/23	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant state: "I currently have an uncharacterized discharge.  I am requesting a change to general/under honorable conditions discharge.  Without this change I will not be able to continue with my licensing process and become a registered nurse.  Please consider my request and look at what I am doing to better myself.  I completely under the seriousness of my actions and learned from them.  I am a much more mature man now at the age of 28 than I was when I made my mistake at the age of 19.  I have the opportunity to begin a new and exciting career now and hope that you will give me a second chance."

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: 010221
Discharge Received: 			   Date: 010314   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKK   Unit/Location: E Co, 447th Sig Bn, 15th Sig Bde, Fort Gordon, GA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 010206, Wrongful use of cocaine between (001203 and 010103), reduction to E1; forfeiture of $521.00 per month for 2 months; 45 days of extra duty; and 45 days of restriction, (FG).

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 000829/ADT    Current ENL Term: 28 Weeks  or completion of basic and MOS training.
Current ENL Service: 	00 Yrs, 06Mos, 16Days ?????
Total Service:  		00 Yrs, 09Mos, 14Days ?????
Previous Discharges: 	ARNG-000531-000828/NA
                                       (Concurrent Service)
Highest Grade: E3		Performance Ratings Available: Yes    No 
MOS: None   GT: 114   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant states for the past two years he has been in the RN Program at Calhoun College and finished the required classes to obtain an associate's degree in nursing while at the same time completing the required courses for a BS  in nursing of which he will graduate from the University of Alabama in Huntsville in August 2010.  He was put on the President's List once and the Dean's List twice; he is currently a member of the International Honor Society of the Two-Year Colleges, Phi Theta Kappa; and in the spring semester of 2007, he received a certificate of recognition from Calhoun College's Division for Natural Science for academic excellence in microbiology.


VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       Evidence of record shows that on 21 February 2001, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct—commission of a serious offense for the wrongful use of cocaine, with a general, under honorable conditions discharge.  
       
       He was advised of his rights.  The applicant waived legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an uncharacterized discharge.  On 7 March 2001, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of uncharacterized.
       
       The analyst noted that on the applicant's DD Form 214 block 27, reentry eligibility (RE) code reads "NA;" however, the applicant was discharged under the provisions of Chapter 14, Paragraph 14-12c(2), AR 635-200, according to AR 635-5-1, Separation Program Designator (SPD)/Reentry (RE) Codes Cross-Reference Table, requires an reentry eligibility (RE) code of "3."

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or absence without leave.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed.  Army policy states that an under other than honorable conditions discharge is normally considered appropriate, however, a general under honorable conditions or an honorable discharge may be granted. 

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s military records during the period of enlistment under review, the document, and the issues he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  
       
       The applicant, by violating the Army's policy not to possess or use illegal drugs, compromised the trust and confidence placed in a Soldier.  The applicant, as a Soldier, had the duty to support and abide by the Army's drug policies.  By abusing illegal drugs, the applicant knowingly risked a military career and diminished the quality of his service below that meriting a general, under honorable conditions discharge.  The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance.
       
       The analyst noted the applicant's issues reference upgrading his discharge to general, under honorable conditions.  However, the separation authority approved the applicant's discharge under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, with the description of service as uncharacterized.
       
       Army Regulation 635-200 provides in pertinent part, that a Soldier is in entry-level status for the first 180 days of continuous active duty.  The purpose of the entry-level status is to provide the Soldier a probationary period.  Soldiers who are found to lack the necessary motivation, adaptability, self-discipline, ability, or attitude to become productive Soldiers may be expeditiously separated while in entry-level status.  Army Regulation 635-200 also provides that a Soldier’s service will be uncharacterized when the separation is initiated while the Soldier is in entry level status.  A general, under honorable conditions discharge is not authorized under ELS conditions.
       
       Furthermore, this is not an adverse separation action and denotes only that the individual had less than l80 days on active duty.
       
       The analyst acknowledges the applicant's successful transition to civilian life and noted the many accomplishments outlined with the application and in the documents with the application.  However, in review of the applicant’s entire service record, the analyst found that these accomplishments did not overcome the reason for discharge and characterization of service granted.  
       
       Further, eligibility for veteran's benefits to include educational benefits under the Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.
       
       Additionally, the analyst found that someone in the separation process erroneously entered on the applicant's DD Form 214, block 27, reentry eligibility (RE) code of "NA."  The analyst recommends that block 27 be administratively corrected to "3" as approved by the separation approving authority.  Except for the foregoing modification to the applicant's reentry eligibility (RE) code, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 2 June 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: Self-authored letter, Letter of character, Certificate of Baptism, Certificate of Distinction (3), Certificate for induction into the International Honor Society of the Two-Year College, Certificate of Recognition.

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board directs ARBA Support Division-St Louis to administratively correct block 27 "Reentry Eligibility (RE) Code" to read "3."

Except for the foregoing modification to the applicant's reentry eligibility (RE) code, the Board determined that the discharge was both proper and equitable, and voted to deny relief.



















        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 0    No change 5
Reason -     Change 0    No change 5
(Board member names available upon request)
								         EDGAR J. YANGER			 
								         Colonel, U.S. Army
X.  Board Action Directed					         President, Army Discharge Review Board
Issue a new DD Form 214  					
Change Characterization to: 			         
Change Reason to: NA
Other: The Board directs ARBA Support Division-St Louis to administratively correct block 27 "Reentry Eligibility (RE) Code" to read "3."										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

































Legend:
AWOL    	Absent Without Leave		GCM   General Court Martial	NA   Not applicable			SCM	Summary Court Martial
BCD   	Bad Conduct Discharge	GD      General Discharge	NIF   Not in the file			SPCM	Special Court Martial
CG 	Company Grade Article 15	HD      Honorable Discharge	OAD   Ordered to Active Duty		UNC	Uncharacterized Discharge  
DD 	Dishonorable Discharge	HS       High School Graduate	OMPF   Official Military Personnel File	UOTH  	Under Other Than Honorable 
FG	Field Grade Article 15		IADT   Initial Active Duty Training	RE     Reentry Code				Conditions 

ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090012578
______________________________________________________________________________


Page 1 of 4 pages